Thank you for using Workingreat.
These Terms and Conditions of Service of Workingreat, constitute a legally binding contract between you (hereinafter the “User”) and Bizz Opps Tech, S.A. de C.V. hereinafter “Grupo BizOpps”. The personal data that the “User” has provided through Workingreat to “Grupo BizOpps” has been collected and will be treated by “Grupo BizOpps” under the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility, in accordance with the provisions of the Federal Law for the Protection of Personal Data in Possession of Individuals.
Workingreat de Grupo BizOpps, allows the “User” to rent personal or shared office space, meeting rooms, work companies, products and/or services in a secure manner through its Service Platform.
By accessing Workingreat, downloading the application, creating a user account and registering as a User, and subsequently using the site, performing instructions within the site, such as making a rental reservation, paying for it according to the site’s payment rules, or offering a property or a service, the “User” accepts:
- These Workingreat Terms and Conditions of Service
It is necessary to carefully read each of these two documents, starting with this document which is Workingreat’s Terms and Conditions of Service.
By accessing and using this service, the “User” agrees and consents to be bound by the Terms and Conditions of this agreement. In addition, by using this particular service, the “User” shall be subject to any applicable rules or usage guidelines that “BizOpps Group” has published for such service. Any participation in this service shall constitute acceptance of this agreement. If the “User” does not agree to comply with the foregoing, please do not use it.
The Workingreat Service Platform and its original content, features and functionality are the property of “BizOpps Group” and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
As we are in the presence of operations that are developed in the use of technologies and none of the operations to be performed will be of a face-to-face nature. The use of the site, the creation of the account, the assignment of personal passwords and the authentication of the user, give certainty and legal validity to the actions performed by the user, which will be considered instructions, as if they were authorized by a handwritten signature and will produce the same effects that the laws grant to the corresponding documents and consequently, will have the same probative value similar to that established in Article 52 of the Law of Credit Institutions.
In case the “User” does not comply with these Terms and Conditions of Service of Workingreat and “Grupo BizOpps” does not take any action immediately, in no way it will be understood that “Grupo BizOpps” renounces to the rights it could have, for example, to carry out actions in the future.
The “Host” shall be solely responsible for identifying and complying with all laws, terms, conditions, rules and regulations that apply to its “Host” advertisements. In cases where any extra registration, licensing or permission is required, the “Host” shall be solely responsible for making such a move.
The Workingreat service platform allows the registered “User” (Say “Host”, “Guest” and/or “Provider”) to post or purchase a service.
The service provided to the “Host” User includes uploading to the platform its unoccupied real estate spaces for rent to the “Guests”, either for hours, days or months; it also includes the advertising of the same. The “Host” is exclusively responsible for its properties and advertisements.
The “Provider” service includes uploading to the platform and advertising the products or services extra to the rental of the properties of the “Hosts”, to complement their stay, and it is the “Provider” himself the exclusive responsible for his advertisements and the fulfillment of the services offered.
The “Guest” user can rent spaces of the unoccupied properties of the “Hosts” and hire products and/or services of the “Providers”.
When “Users” make or accept a reservation or service, they enter into a contract directly with each other. Workingreat is not a real estate or insurance agent and therefore is not a party to any contractual relationship between “Users”, except as it relates to the Terms of Payment.
While Workingreat may assist in resolving potential disputes between “Users”, it does not guarantee the quality, suitability, existence or legality of any “Host” advertisement and/or “Provider” service, or “User” Reviews, Comments and other content in general.
Any reference to a “verified” User only describes a “User” who has successfully completed the identification and verification process and does not indicate that Workingreat endorses, certifies or guarantees any “User” or their reliability or background.
The “User” should always exercise due care and caution when deciding whether to participate as a “Guest”, contract any service, or serve as a “Host” or “Provider” and accept a reservation request or contract for services. The verified images only indicate a photographic representation of the published advertisement, and do not constitute an endorsement by Workingreat with respect to the “Host” or the advertisement itself.
If a “User” chooses to use the Workingreat Service Platform as a “Host”, his or her relationship with Workingreat is limited to that of an independent third party contractor and not a joint venture or partner of Workingreat for any reason. In addition, the “User” shall act solely in his or her own name and interest, and not in the name or interest of Workingreat. Workingreat does not control or direct the actions of a “User”.
To assist “Users” who speak different languages, the “User’s” postings and other information may be translated, in whole or in part, into other languages. Workingreat cannot guarantee the accuracy or quality of such translations and “Users” are responsible for reviewing and checking the accuracy of such translations. The Workingreat Service Platform may contain translations powered by Google. Google disclaims all warranties related to translations, express or implied, including any warranties of accuracy, reliability and any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Workingreat Service Platform cannot guarantee the continuous and uninterrupted availability and accessibility of its service due to the nature of the Internet used by each “User”. Workingreat may limit the availability of the Workingreat Service Platform if necessary for security or server integrity reasons, or to perform maintenance to ensure the proper functioning of the Workingreat Service Platform. Workingreat may improve, modify and/or enhance the Workingreat Service Platform.
- Personal Data
- Intellectual Property Rights
The contents of the screens related to the services of “Grupo BizOpps” as well as the programs, databases, networks, files that allow the “User” to access and use his/her Account, are the property of “Grupo BizOpps” and therefore are protected by the international norms of copyright, trademarks, patents, models and industrial designs. The improper use and the total or partial reproduction of such contents are forbidden, unless expressly authorized in writing by “Grupo BizOpps”.
This license covers the content of the “User’s” personal data, since it is protected by intellectual property rights.
The “User” may not copy, modify, distribute, sell or rent any part of Workingreat. The “User” may not reverse engineer or attempt to extract the source code of Workingreat without the written consent of “BizOpps Group”.
This license is Global in scope (valid in participating countries).
- Validity, termination, penalties and suspension of operations.
The present contract between the “User” and Workingreat, will be valid for a period of 30 days, after that period it will be renewed automatically and continuously for successive periods of 30 days until such time as the “User” or Workingreat terminates the contract in accordance with these Terms and Conditions of Service.
The “User” may terminate this agreement at any time by sending an email to firstname.lastname@example.org. If a “User” as a “Host” cancels their Workingreat account, all confirmed reservations will automatically be cancelled and their “Guests” will be refunded in full for all payments made. If a “User” as a “Guest” cancels their Workingreat account, all confirmed reservations will automatically be cancelled and any refund will be subject to the terms set forth in the Cancellation Policy of the applicable advertisement.
Without prejudice to other measures, Workingreat may warn, temporarily suspend or permanently disable the Account of a “User”, and terminate this agreement without cause at any time with 30 calendar days’ notice sent by e-mail to the e-mail address registered by the “User”. In turn, Workingreat may terminate this agreement and/or prevent access to the Workingreat Service Platform immediately and without notice to the “User” for any of the following reasons:
– If you violate any law, regulation, any third party right applicable to the case or any of the provisions of Workingreat’s Terms and Conditions of Service and other policies of “BizOpps Group” and/or Workingreat;
– If, in Workingreat’s judgment, you engage in fraudulent or fraudulent conduct or acts;
– When Workingreat considers necessary actions to protect the personal safety or property of Workingreat, its “Users” or third parties.
– If the identity of the “User” cannot be verified or if any information provided by the “User” is erroneous;
– If the “User” implements any action or uses any device, software, or other means to interfere with the activities and operations of Workingreat or the database.
– If the “User” has breached its obligations under these Workingreat Terms and Conditions of Service.
In addition to this, Workingreat may adopt any of the following measures to comply with applicable legislation or with a requirement or court order, issued by the authority or other administrative agencies or a governmental body, as well as in the event that the “User” has violated or breached these Terms and Conditions of Service, any rule, law, rights of third parties or policy applicable to the case, has provided fraudulent, false, obsolete or incomplete information during registration on the Platform, in the advertisement or subsequently the “User” and/or its ads or services do not meet any quality or eligibility criteria, or if the “User” has repeatedly received negative evaluations or comments, complaints about behavior towards other “Users”, has failed to respond to reservation requests without justified reasons, or has repeatedly cancelled confirmed reservations without justified reasons, or even when Workingreat deems it reasonably necessary to protect the personal safety or material assets of Workingreat, its “Users” or third parties, or as mentioned above to prevent illegal activities or fraud:
– Temporarily or permanently revoke any special status associated with the “User” profile;
– Limit access to or use of the Workingreat Service Platform;
– Refuse to display, delay or delete any postings, comments, reviews and other information of the “User”;
– Suspend the “User’s” Workingreat account and prevent the “User” from accessing the Workingreat Service Platform either temporarily or permanently in the event of serious or repeated non-compliance;
– Cancel confirmed or pending reservations.
In the case of minor non-compliance, Workingreat will inform via email to the email address registered by the “User” of any action taken, and will give the “User” an opportunity to resolve the problem in a sensible manner satisfactory to Workingreat.
If Workingreat takes any of the above actions, it may refund its “Guests” the full amount paid for all confirmed reservations, subject to any pre-existing cancellation policy, and the “User” shall not be entitled to any compensation for confirmed or pending reservations cancelled by Workingreat.
If Workingreat has limited a “User’s” access to or use of the Workingreat Service Platform or if its account has been suspended or Workingreat has revoked this Agreement, the “User” may not register a new Workingreat account or access or use the Workingreat Service Platform through another “User’s” Workingreat account. Upon termination of this Agreement, the “User” shall have no right to have its Workingreat account or any of its “User” information reinstated.
Please be advised that any interference, attempt or activity in violation of or contrary to intellectual property laws and/or the prohibitions set forth in these Terms and Conditions of Service will subject the “User” to appropriate legal action and penalties under these Terms and Conditions of Service.
- User Registration
The “User” must register and open an account to access and use certain features of the Workingreat Service Platform, such as booking or posting an advertisement. If the “User” registers and opens a Workingreat account for an organization, other legal entity or company, he/she must represent and warrant that he/she has the authority to legally bind such entity and grant Workingreat all permissions and licenses set forth in these Terms and Conditions of Service.
The “User” may register a Workingreat account either with an email address and password or through Google and/or Facebook services. If the latter, the “User” may at any time deactivate the connection between his Workingreat account and his Google or Facebook service account at any time.
The “User” may not register more than one Workingreat account, nor may he/she assign or transfer his/her account to another party.
The “User” is fully responsible for maintaining the confidentiality and security of his or her documentation and passwords and may not disclose them to any third party. Should the “User” have reason to suspect or have knowledge that his/her password has been stolen, lost, misappropriated or threatened in any way, or in case of any unauthorized use of his/her Workingreat account, the “User” must immediately inform Workingreat to proceed accordingly. The “User” shall be responsible for any and all activities conducted through his or her Workingreat account.
- Content in Accounts
Workingreat, in its sole discretion, may allow “Users” to upload, create, submit, post, receive and store content (Text, photos, audio, video and other material and information) through the Workingreat Service Platform, and access and view “Users” content, as well as any other content Workingreat makes available on the Workingreat Service Platform.
The Workingreat Service Platform and its contents and “User” content may be protected in whole or in part by copyright, trademark and other laws of certain participating countries. The “User” agrees and acknowledges that the Workingreat Service Platform and its content, including all associated intellectual property rights, are the exclusive property of Workingreat and/or its third party licensors. User” shall not alter, obscure, or remove any copyright, trademark, service mark, or other proprietary rights notices affixed to or accompanying the Workingreat Service Platform or “Users” content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used in the Workingreat Service Platform and/or “User” content are used for identification purposes only and may be the property of their respective owners.
The “User” shall not copy, adapt, use, modify, prepare derivative works, license, transfer, distribute, sell, publicly perform, publicly display, transmit, broadcast or in any way exploit the Workingreat Service Platform or other Users’ content, except when the “User” is the legal owner of the content itself, or as otherwise expressly permitted in these Workingreat Terms and Conditions of Service. No license or right shall be granted to the “User” by implication or estoppel under any intellectual property rights owned or controlled by Workingreat or its licensors, except for the licenses and rights explicitly granted in these Workingreat Terms and Conditions of Service.
Subject to your compliance with these Terms and Conditions of Service, Workingreat grants “User” a limited, non-sublicensable, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Workingreat Service Platform and to access and view any content made available solely for your personal, non-commercial use.
Workingreat may offer users as “Hosts” the option of having professional photographers take photographs for their advertisements with or without watermarking or text of “images verified by Workingreat”, through the professional services of users as “Providers”. The “User” is responsible for ensuring that his/her ad is accurately represented in the verified images, and for discarding them in the event that they no longer accurately represent his/her ad, or in the event that he/she suspends his/her account as a “Host”, or in the event of suspension of his/her “User” from Workingreat for any reason.
The “User” acknowledges and agrees that Workingreat shall have the right to use any verified image for advertising, marketing and/or any commercial purposes on any platform, whether in connection with its advertisement or otherwise, without further notice or compensation to the “User”. In the event that Workingreat is not the exclusive owner of the Verified Images, by using such Verified Images on or through the Workingreat Service Platform, the “User” grants Workingreat an exclusive, royalty-free, worldwide, irrevocable, sublicensable, sublicensable, perpetual for as long as “User” and transferable license to use such Verified Images whether in marketing, advertising and/or any other purpose on any platform, whether in connection with its advertisement or otherwise, without further notice to or compensation from the “User”. Workingreat, in turn, grants the “User” a limited, non-sublicensable, revocable, non-exclusive, non-transferable license to use the Verified Images outside of the Workingreat Service Platform for personal, non-commercial use only.
The “User” is solely responsible for all information that he/she places in his/her account or through the Workingreat Service Platform. Thereupon, the “User” warrants and represents that it is the sole and exclusive owner of all information it posts to its account or through the Workingreat Service Platform, or that it has all necessary licenses, rights, consents and disclaimers necessary to grant Workingreat the rights to its account content as contemplated by these Terms and Conditions of Service; and that neither the posting or transmission of the “User’s” account content, nor its publication, dissemination, uploading or use by Workingreat as contemplated by these Terms and Conditions of Service will violate, infringe any third party’s patent rights, copyrights, moral rights, rights of privacy or protection of personality of third parties, trademark, or misappropriation, or result in a breach of any law or regulation applicable to the case.
User” shall not upload, post, submit, or transmit any “User” information that is false, misleading, fraudulent, defamatory, pornographic, libelous, obscene, offensive or vulgar; encourages discrimination, racism, harm against any person, bigotry, hatred, harassment; is violent or encourages violence, threatening or actions that are threatening; encourages unlawful or harmful activities or substances; violates any Workingreat or BizOpps Group policy. Workingreat may remove or disable, without notice, access to any information contained in the “User’s” account as long as it believes that it is in breach of these Workingreat Terms and Conditions of Service, applicable law, any Workingreat or BizOpps Group Policy.
Workingreat respects and expects its “Users” to likewise respect copyright laws. If the “User” believes that any information contained on the Workingreat Service Platform infringes the “User’s” copyright, the “User” should notify Workingreat immediately.
- Verification of Users and Use of the Workingreat Service Platform
If the “User” meets the minimum age requirements, he/she may create a Workingreat account. The “User” is responsible for what they do with their Workingreat account, and this includes taking the necessary steps to keep their account secure. We recommend that you periodically use the security check. Minors or Workingreat users who have been temporarily suspended or permanently banned may not use Workingreat’s services.
The “User” must comply with the laws applicable to his or her place of origin. Furthermore, by agreeing to these Workingreat Terms and Conditions of Service, the “Host” user warrants that his or her “Host” space is not included by the United States (U.S.) Government on any list of prohibited or restricted parties, and is not located or located in a country that is subject to a United States (U.S.) Government embargo, nor has been designated by the United States (U.S.) Government as a country that provides assistance to terrorist groups.
Workingreat may restrict access to and use of the Workingreat Service Platform, and in certain cases, additionally request certain requirements and/or conditions, such as meeting specific conditions or eligibility criteria, verification processes, satisfying principles of evaluations or feedback; the restriction may also be due to a “User’s” booking and cancellation history.
Verification of “Users” is complex and we assume no responsibility for confirming the identity of any “User”. Without prejudice to the foregoing, and with the intention of fraud prevention and transparency compliance, to the extent permitted by law, without being obligated, we may:
– Request government identification or other information, or to undergo additional checks designed to help verify the identity or background of “Users”.
– Screen “Users” against third party databases and other sources, as well as request reports from service providers.
– Where we do not have sufficient information to identify a “User”, we may obtain reports from public records or criminal convictions or sex offender registries or their equivalent registered in your local jurisdiction (if available).
Access to and use of certain areas and functions of the Workingreat Service Platform may be subject to separate policies, rules or criteria, or may require the “User” to agree to additional Terms and Conditions before being able to access certain relevant areas of the Workingreat Service Platform. In the event of any conflict between these Workingreat Service Terms and Conditions and the Additional Terms and Conditions applicable to a specific area or feature for the Workingreat Service Platform, the latter shall prevail with respect to your access to or use of the specific feature, unless otherwise stated in those Additional Terms and Conditions.
- Users type Host
To publish an advertisement, the “Host” has the formal commitment to provide complete and accurate information (location, availability of dates and times, complete description) “Host”, indicating any deficiencies, restrictions and requirements that may be relevant, as well as providing any information that Workingreat may request.
It is mandatory to have a tax regime where you can provide Workingreat with an invoice for the rental of your space, in order to process your corresponding payment when one of your spaces is rented.
The “Host” is responsible for keeping the data of his ads updated at all times.
The “Host” is solely responsible for setting a rental price on their listing, including cleaning charges, as this will be at their own expense. Once a “Guest” requests a reservation pursuant to your listing, you may not require the “Guest” to pay more than what is stated in the reservation request.
The Terms and Conditions included in your advertisement, particularly regarding cancellations, must not conflict with these Workingreat Terms and Conditions of Service or the applicable Cancellation Policy.
Images used in your advertisements must accurately reflect the quality and condition of your space. Workingreat reserves the right to require that ads have a minimum number of images of a certain format, resolution and size.
The ranking and placement of advertisements in search results within the Workingreat Service Platform may vary as it depends on various factors, such as “Guest” preferences, search parameters, price, “Host” requirements, date and time availability, quantity and quality of images, feedback and ratings, customer service and cancellations and/or ease of booking.
By accepting or pre-approving a reservation request from a “Guest”, you are entering into a legally binding contract with the “Guest”, which obligates the “Host” to provide “Host” services to the “Guest” as described in your advertisement upon completion of the reservation request, and the “Host” agrees to pay Workingreat the applicable “Host” fee and applicable taxes.
In the event that a “Host” uses the service of a “real estate broker” to publish a space for rent, Workingreat’s actions will be limited only to the platform’s own actions and may charge the commission with applicable taxes. Workingreat does not intervene in the commission to the real estate broker for the rental of that space, so the parties involved outside of Workingreat (space owner and real estate broker) must come to an agreement with each other.
Workingreat recommends that “Hosts” take out adequate insurance for their “Host” services. If you already have a policy, carefully review the applicable insurance policy and make sure you are aware of and understand any exclusions and any deductibles that may apply, including whether or not it covers the actions of the “Guests” during their stay.
- Host Ads
If a “Host” decides to require a security deposit for the rental of their listing, they must clearly indicate it on the listing. It is forbidden for the “Hosts” to ask for a deposit in guarantee after the reservation of their advertisement has been confirmed, or outside the Workingreat Service Platform.
The “User” declares and guarantees that any advertisement he/she publishes and the reservation of one of his/her advertisements or the stay of a “Guest” in his/her rented space, will not breach any contract that the “User” has entered into with a third party, such as any co-ownership, condominium or other agreements, and will comply with all applicable laws, tax requirements and other applicable norms and rules (such as having all the necessary licenses, registrations and permits). The “User” as “Host”, is responsible for his own acts and omissions, as well as the acts and omissions of any person who is present at the accommodation at his request or invitation, excluding the “Guest” and persons whom the “Guest” invites during the period of his stay.
- Guest-type Users
A “User” as a “Guest” may reserve a rental space as it appears in the advertisement available in the Workingreat Service Platform, following the applicable reservation process, without prejudice to the fulfillment of the requirements established by the “Host” and/or Workingreat to complete the applicable verification process. Prior to reserving a rental space, the “Guest” will be shown all applicable rates and taxes, and the “Guest” must agree to pay the rates shown for the requested reservations in order to proceed with the rental.
When the “Guest” requests a rental and the “Host” accepts it, a legally binding contract is formed between the “Host” and the “Guest” subject to any applicable Workingreat Terms and Conditions of Service, including the applicable Cancellation Policy, as well as any Rules and Restrictions stated in the reserved listing. Workingreat will charge the applicable fees at the time of the reservation request or upon confirmation from the “Host”.
If the “Guest” books a rental space on behalf of additional Guests, the “Guest” is obliged to ensure that each of the additional Guests meets the requirements established by the “Host”, and that he/she is aware of and accepts these Workingreat Terms and Conditions of Service, as well as the possible Rules and Restrictions indicated in the booked advertisement. If a “Guest” books for an additional Guest who is a minor, the “Guest” guarantees to be legally authorized to act on behalf of the minor, since it is mandatory that an adult is always present to be responsible for the minor.
The “User” as “Guest” understands that a confirmed reservation constitutes a limited authorization that the “Host” grants him/her to access and use the space for the period of his/her stay, during which time the “Host” only to the extent permitted by applicable law, retains the right to access the space, in accordance with its Terms and Conditions as “Host”.
The “Guest” consents to withdraw from the rented space, at the latest at the departure time that the “Host” and the “Guest” set by mutual agreement. If the stay is prolonged beyond the agreed departure time without the consent of the “Host”, the “Guest” will not have any authorization to stay in the rented space and the “Host” will have the right to force him/her to leave in a manner in accordance with the applicable legislation. In addition, the “Guest” agrees to pay, if so required by the “Host”, any applicable overstay penalty on the part of the “Guest” of up to twice the average of the quoted rate the “Guest” initially paid, in order to mitigate the inconvenience suffered by the “Host”, plus all applicable additional fees and taxes, as well as any legal expenses incurred by the “Host” to force the “Guest” to leave. The “Guest” agrees that Workingreat will charge the corresponding fees in the event of an overstay. In the event that the “Host” has so contemplated, the security deposit may be applied to satisfy the corresponding fees due for a “Guest’s” overstay.
- Provider type users
In order to publish an advertisement of a service and/or product, the “Provider” has the formal commitment to provide complete and accurate information (location, availability of dates and times, complete description) about its “Provider” service, indicate any deficiencies, restrictions and requirements that may be relevant, as well as provide any information that Workingreat may request. The “Provider” is responsible for keeping the data of its advertisements updated at all times.
It is mandatory to have a fiscal regime where it can provide Workingreat with an invoice for the rental or sale of its products and/or services, in order to process the corresponding payment when one of its products and/or services is acquired, likewise, it is mandatory that in order to register as a “Supplier”, it has a home service to make the formal delivery of the product and/or service hired by the “Guest”.
The “Supplier” is solely responsible for setting a price for its advertisement either for a service and/or products, including applicable taxes or cleaning charges if necessary. Once a “Guest” requests a reservation of your listing, you may not require the “Guest” to pay more than what is stated in the reservation request.
The Terms and Conditions included in your listing, particularly in the matter of cancellations, must not conflict with these Workingreat Terms and Conditions of Service, nor with the applicable Cancellation Policy.
Images, animations or videos used in your advertisements must accurately reflect the quality and condition of your service and/or products to be offered. Workingreat reserves the right to require that advertisements have a minimum number of images of a certain format, resolution and size.
The ranking and placement of advertisements in the search results within the Workingreat Service Platform may vary as it depends on several factors, such as “Guests” preferences, search parameters, price, “Provider” requirements, availability of dates and times, quantity and quality of images, comments and ratings, customer service and cancellations and/or the ease of booking your service and/or purchasing your products.
By agreeing to post an advertisement for one of your products and/or services, you are entering into a legally binding contract with Workingreat, which obligates the “Supplier” to provide its “Supplier” services to the “Guest” as described in your advertisement upon completion of the booking request, and the “Supplier” agrees to pay Workingreat the applicable “Supplier” fee and applicable taxes.
- Rentals or purchase of products and/or services
The “Guest” must carefully review the description of any space, product or service he/she intends to reserve or purchase to ensure that both the “Guest” and any additional users for whom the service or product is purchased, meet the minimum age, fitness, suitability and other requirements as stated by the “Host” and/or “Supplier” in their advertisement(s). The “Guest” may inform the “Host” or “Provider” of any physical or medical problems that may affect his/her ability, or that of any additional user. The instructions of the “Host” must be respected at all times during the stay of the “Guests”.
- Service Fees
Workingreat may charge fees to “Users” either as “Host”, “Guest” and/or “Provider” in compensation for the use of the Workingreat Service Platform.
The corresponding fee for the use of the Workingreat Service Platform corresponds to 15% of the total amount paid by the “Guest”. Workingreat reserves the right to change the corresponding fees at any time, and to send the corresponding notification to the “User” when this happens, before it becomes effective. Such changes will not affect any reservations made prior to the effective date of the rate change.
Each “User” is responsible for paying Workingreat the applicable fees. Workingreat will deduct any “Host” and/or “Supplier” fees, together with applicable taxes and withholdings, from the payment made by the Guest for the space rental or service before remitting the corresponding payment to the “Host” and/or “Supplier”. Service fees are non-refundable.
Workingreat allows the payment of fees to or from “Users” in general to the smallest unit supported by each currency. Where Workingreat’s payment service provider does not permit payment in the smallest unit that supports a currency, Workingreat may, in its sole discretion, round up or round down the display of amounts payable to or from “Users” to the nearest whole functional base unit based on the currency, e.g., up a $50.50 USD fee to $51 USD, and round down a $50.49 USD fee to $50.00 USD.
A “User” as a “Host”, is solely responsible for determining its obligations to charge, declare, invoice or include in the rates of their ads VAT, indirect taxes on income and / or sales, as well as any other applicable tax.
It is mandatory to register the tax information of the “Hosts” and “Suppliers” according to the applicable tax regulations, or to have taxes withheld from the payments to the “Hosts” and/or “Suppliers”, or both. In the event that a “Host” and/or “Supplier” fails to provide the documentation required by applicable law to withhold taxes from payments made to them, Workingreat reserves the right to withhold such payments and applicable taxes required by law, until such time as the necessary remedy is satisfied.
The “User” understands that any competent authority of the place where the rental space is located may require the collection of taxes from “Guests”, “Suppliers” and/or “Hosts” on the advertisement fees, which will be remitted to the corresponding tax authority. Depending on the applicable jurisdiction, laws may vary, however, applicable taxes may need to be collected and remitted as a percentage of the per listing fee set by “Hosts” and/or “Suppliers”.
In certain jurisdictions, Workingreat may decide to facilitate the collection and remittance of occupancy taxes from either Guests or Hosts and/or Vendors, in the event that the taxing jurisdiction asserts that Workingreat or the Hosts or Vendors have an obligation to collect and remit occupancy taxes. The “User” directs and authorizes Workingreat to collect occupancy taxes from “Guests” on behalf of the “Host” and/or “Supplier” at the time the posting fees are collected and to remit the occupancy taxes to the applicable taxing authority in any jurisdiction in which Workingreat chooses to facilitate the collection and transfer of applicable taxes. Workingreat assumes no liability for the failure of a “Host” and/or “Supplier” to comply with any applicable tax reporting or remittance obligations. If any, the amount of occupancy taxes, if any, collected and remitted by Workingreat will be visible and itemized separately to “Guests” and “Hosts” and/or “Suppliers” in their respective transactions. In the event that Workingreat facilitates the collection and remittance of occupancy taxes, they will be collected in connection with accommodations in that jurisdiction and “Hosts” will not be able to collect them.
The “User” both as a “Host” and/or “Supplier” and as a “Guest” agrees that Workingreat may request additional amounts from you in the event that the taxes collected or transferred are insufficient to fully discharge your obligations to the taxing authority, and that your sole legal remedy for occupancy taxes collected is to have the occupancy taxes collected by Workingreat refunded to you by the appropriate taxing authorities in accordance with applicable procedures provided by the appropriate authorities.
Workingreat may, prior notice to the “Hosts”, cease the collection and transfer in any jurisdiction and for any reason, such that both the “Hosts” and/or “Suppliers” and the “Guests” shall be solely responsible for the transfer and/or collection of any occupancy tax applicable to the accommodation in that jurisdiction.
- Cancellations, Modifications and Refunds of Reservations
Both “Hosts” and/or “Suppliers” and “Guests” are responsible for all modifications made to a reservation through the Workingreat Service Platform, or ordered by Workingreat Customer Service, and agree to pay the applicable additional “Host” and/or “Supplier” and “Guest” Fees, as well as any applicable taxes applicable to such modifications to reservations.
Guests” may cancel a confirmed reservation at any time in accordance with the Cancellation Policy of the advertisement established by the “Host” and Workingreat will refund the applicable fees in connection with the Cancellation Policy owed to the “Guest”, unless special circumstances exist, Workingreat will remit to the “Host” and/or “Supplier” the portion of the applicable fees owed, subject to the Cancellation Policy applicable to the case.
If a “Host” cancels a confirmed reservation, the “Guest” will receive a refund of the applicable fee for that reservation. In certain cases, Workingreat may allow the “Guest” to apply the refund to a new reservation by subtracting the amount from the “Guest’s” subsequent reservation upon the “Guest’s” request. In addition, Workingreat may issue a comment on the Advertisement cancelled by the “Host” indicating that a reservation has been cancelled, and Workingreat may keep the times or dates of the reservation cancelled in that Advertisement either blocked or unavailable, and/or impose a cancellation fee, unless the “Host” has a valid reason to cancel the reservation in accordance with the Cancellation Policy or has legitimate suspicions about the “Guest’s” behavior.
Regarding the rental or purchase of Products and/or Services, the “Suppliers” may cancel the service in the event that the weather represents a safety risk for the “Guest” when it is carried out outdoors. Providers” may also cancel a service if there are other conditions that prevent the “Provider” from providing the service safely.
In certain circumstances, Workingreat may decide at its discretion, that it is necessary to cancel a pending or confirmed reservation and initiate payment and refund. This may be for reasons set out in the Cancellation Policy or when Workingreat believes in good faith, and taking into account the legitimate interests of both the “Guest” and the “Host” and/or “Supplier”, that it is necessary to avoid further damage to Workingreat, other “Users”, property, third parties or for any reason provided for in these Workingreat Terms and Conditions of Service.
Except as otherwise provided in these Workingreat Terms and Conditions of Service, “Users” may use the incident section to request money for refunds, claims for damages, and any details related to the reservation. The “User” agrees to pay all amounts sent through the incident section in relation to their Workingreat account or in relation to their actions.
- Incidents, Complaints, Non-conformities and Solutions (Disputes between Users and Damages to rentals)
The “Users” as “Guests” are responsible for leaving the rented space (including the material goods on the premises) in the same condition as they were upon arrival. All “Guests” are responsible for their own acts and omissions, as well as for the acts and omissions of any of their guests.
If a “Host” claims or proves that a “Guest” has damaged a rental space or any material good in the property, the “Host” may attempt to obtain payment from him/her through the incidents section. If a “Host” notifies Workingreat of a damage claim, the “Guest” will have the opportunity to contest the claim. If the “Guest” agrees to pay the “Host”, or if Workingreat determines that the “Guest” is responsible for the stated claim, Workingreat will act as a conciliator between the parties so that the party responsible for the act will pay the affected party. Workingreat also reserves the right to otherwise collect payment from you and to pursue any remedies Workingreat has available for such situations, including, without limitation, requests for payment made by “Hosts” for Warranty.
Likewise, a “Guest” may file an incident against a “Host” or against a “Provider” for not having complied with what was established in the advertisement of its space or its product/service, whether the space indicated that it had certain services and these did not work correctly, or if the space was not ready on time, or if a product or service was not delivered correctly.
The “Users” agree to help Workingreat and assist it in good faith, as well as to provide information and take actions that Workingreat may request, in relation to possible claims for damages and other claims from other “Users”. Each “User” will participate, upon Workingreat’s request and at no cost to the “User”, in conciliation or settlement proceedings with another “User”, and the progress thereof will be at the expense of Workingreat or such third party as Workingreat or in the event the property is insured, its insurer’s choice, with respect to losses for which payment is requested by Workingreat to the responsible party.
- Prohibited Actions
The “User” acknowledges that Workingreat has no obligation to monitor the access or use of the Workingreat Service Platform by any “User”, nor to review, modify profile information or disable access, however, it may operate, improve, protect the Workingreat Service Platform, respond to offensive or harmful information, ensure compliance with these Terms and Conditions of Service by “Users”, as well as comply with applicable current regulations or a subpoena issued by law enforcement and other applicable governmental bodies or administrative agencies. “Users” agree to aid and assist Workingreat in good faith, and to provide information and take such action as Workingreat may request, in connection with any investigation that the “User” or one of its representatives undertakes in connection with the use of the Workingreat Service Platform.
If a “User” discovers that another “User” with whom it interacts, either online or in person, is acting or has acted inappropriately, it must immediately report such “User” to the appropriate authorities and then to Workingreat. The “User” agrees that no notification by him or her shall obligate Workingreat to take any action, except as required by law, if applicable.
Each “User” is solely responsible for compliance with any and all rules, laws, regulations and any tax obligations applicable to the use of the Workingreat Service Platform. When a “User” uses the Workingreat Service Platform it will not implement, assist or allow any other “User” to do any of the following:
– Circumvent or violate applicable laws, regulations, third party rights, contracts, or the applicable Policies and Terms and Conditions of Service;
– Offer as a “Host” any rental that you do not own or do not have permission to make available through the Workingreat Service Platform;
– Using the Workingreat Service Platform or the information of other “Users” for any commercial or other purpose that is not textually contemplated by these Terms and Conditions of Service, or in any manner that misleads other “Users” in any way as to your affiliation with Workingreat, as well as false implications to Workingreat’s endorsement or cooperation;
– Use the Workingreat Service Platform in connection with the distribution of unsolicited commercial messages;
– Use the Workingreat Service Platform to solicit, make or accept a booking outside of the Workingreat Service Platform, to avoid any service fee or for any other reason;
– Unless Workingreat textually permits otherwise, to book a listing if the same “User” is not going to make actual use of the “Host” services;
– Damaging, tarnishing or otherwise tarnishing Workingreat’s name in any manner or the registration or use of domain names, trade names, trademarks or other source identifiers that closely mimic Workingreat’s domains, trademarks, slogans, promotional campaigns or collective content, or are so similar to them as to be confusing;
– Disable, circumvent, bypass, bypass, prevent, impede, remove, decode or otherwise attempt to circumvent a technological measure put in place by Workingreat or any of its suppliers or other third parties in order to protect the Workingreat Service Platform;
– Contact another “User” for any purpose other than to ask a question regarding your own booking, your Advertisement or your use of the Workingreat Service Platform, without prior written permission from Workingreat;
– Misuse or abuse the Ads or services associated with the Open Spaces, as determined by Workingreat in its sole discretion;
– Accept, solicit or make any payment of per ad fees outside of Workingreat’s Service Platform. If you do so, “User” accepts and agrees that: you will be in breach of these Terms and Conditions of Service; you accept all risks and liability for such payment and you release Workingreat from any liability for such payment;
– Display, use, mirror or frame the Workingreat Service Platform or “Users” information, or any individual element of the Workingreat Service Platform, the Workingreat name, any Workingreat trademark, logo or other proprietary information, or the design of any content on a page of the Workingreat Service Platform, without Workingreat’s express written consent;
– Harass or discriminate against persons on the basis of religion, race, national origin, gender identity, sex, physical or mental disability, marital status, medical condition, age or sexual orientation, or otherwise engage in violent, harmful, abusive or disruptive behavior;
– Use robots, web worms, web crawlers, web spiders, web scrapers and other automated means or processes to access, collect data and other content from, or otherwise interact with, the Workingreat Service Platform for any purpose;
– Import or transfer the Platform, export, re-export, except to the extent authorized by applicable jurisdiction and any other applicable law;
– Attempt to decrypt, disassemble or decompile the software used to provide the Workingreat Service Platform or reverse engineer it;
– Take any action that impairs or adversely affects, or may impair or adversely affect, the performance or proper functioning of the Workingreat Service Platform; or
– Violate or infringe the rights of any other “User” or otherwise harm any other person.
The “User” agrees that, to the fullest extent permitted by applicable law, the risk arising out of his or her access to and use of the Workingreat Service Platform, the “Users” information, his or her posting or booking of advertisements, his or her stay in any rental, the rental of any service, as well as any other interaction he or she has either online or in person with other “Users” shall be borne entirely by him or her. Neither Workingreat nor any other party involved in the production, creation or delivery of the Workingreat Service Platform or “Users” information shall be liable for any special, incidental, incidental, exemplary or consequential damages, including loss of data, loss of profits or goodwill, interruption of service, computer damage or system failure or the cost of substitute products or services, nor for any damages for personal or physical injury or emotional distress arising out of or in connection with these Terms and Conditions of Service; any of your communications, interactions, meetings with other “Users” and others with whom you communicate, interact or meet as a result of your use of the Workingreat Service Platform; the use of, or inability to use, the Workingreat Service Platform or “Users” information, or the posting or booking of an Advertisement, including the provision of the service of “Hosting” an Advertisement, whether based on warranty, contract, product liability, tort or any other legal basis, and whether or not Workingreat has been advised of the possibility of such damages, even if it is concluded that any remedy contemplated herein has failed of its primary purpose. Except for Workingreat’s obligations to pay amounts to the applicable “Hosts” under these Terms and Conditions of Service or an approved request for payment under any guarantee to the “Host”, in no event shall Workingreat’s entire liability arising out of or in connection with, these Terms and Conditions of Service and the use of the Workingreat Service Platform, including, without limitation, your posting or booking of any advertisement through the Workingreat Platform, or the use of, or inability to use, the Workingreat Service Platform or “Users” information and in connection with any Rental and/or Product/Service, whether of “Host” and/or “Supplier”, or interactions with any other “User”, shall exceed the amounts the “User” has paid or owes for bookings through the Workingreat Service Platform as a “Guest” in the twelve month period prior to the event giving rise to the liability, or in case you are a “User” as a “Host”, the amounts that Workingreat has paid to you in the twelve-month period prior to the event giving rise to the liability, or the amount of one hundred United States Dollars (US$100), if none of the aforementioned payments have been made, as the case may be. The above restrictions on liquidated damages are fundamental elements of the contract between the “User” and Workingreat. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply in certain cases.
- Disclaimers of Liability
The “User” who uses the Workingreat Service Platform acts voluntarily and at his or her own risk. The Workingreat Service Platform and “Users” information are provided without express or implied warranty.
The “User” agrees that it has had the opportunity to inform itself of the services offered by Workingreat, the rules, regulations and legislation that may apply to its advertisements and/or services it offers and/or receives, and that it is not relying on any statement of fact or rights made by Workingreat in connection with any advertisement.
If Workingreat performs any identity verification or background checks on any “User”, to the extent authorized by applicable law, it disclaims any warranty of any kind, either express or implied, that such checks will ultimately detect past misconduct by a “User” or guarantee that a “User” will not engage in future misconduct.
The “User” accepts that any rental, event or service may involve an inherent risk, and by participating in any of them voluntarily assumes such risks, for example, possible illness, injury, disability or death. The “User” accepts full responsibility for his/her actions before, during and after his/her participation in the Workingreat Service Platform. In the event of bringing a minor as an additional user, the “User” agrees that he/she will assume full responsibility for the supervision of the minor throughout his/her stay and to the fullest extent permitted by applicable law agrees to hold Workingreat harmless from any and all liability and claims that may arise in any way from death, injury, damage or loss to such minor during or in any way related to the service provided.
The foregoing disclaimers apply to the fullest extent permitted by applicable law.
To the fullest extent permitted by applicable law the “User” agrees to indemnify, defend, defend, hold harmless and hold harmless Workingreat and its affiliates and subsidiaries, including, without limitation, its officers, directors, employees and agents, from and against any and all claims, demands, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the “User’s” breach of these Terms and Conditions of Service or any applicable Policies or Rules, as well as the “User’s” improper use of the Workingreat Service Platform, the “User’s” interaction with any other “User”, his/her stay in any of the rentals, his/her participation in “Host” event and/or service, including, without limitation, any injury, loss or damages of any kind arising in connection with or as a result of such interaction, stay, participation or enjoyment, the collection and transfer of Occupancy Taxes by Workingreat, or the “User’s” possible violation of any law, regulation or third party right.
- Observations, Comments and Ratings
Upon completion of a reservation, both “Hosts” and “Guests” may leave a public comment within a limited time period and submit a star rating for each other. Both the evaluations and comments reflect the opinions of individual “Users” and not the opinion of Workingreat. Workingreat does not verify the veracity of the Comments and Evaluations posted.
Comments and/or ratings by “Hosts” and “Guests” must be fair and free of libelous or offensive language.
Users” are prohibited from manipulating the Comments and Ratings system.
Both Comments and Ratings are part of the “Users” public profile and may also be reflected in other parts of the Workingreat Service Platform along with some additional information such as number of reservations, cancellations, average response time, etc.
Any “User” may send observations, comments and/or suggestions to improve the Workingreat Service Platform via email to email@example.com, or through the contact section of the Workingreat Service Platform, any observations or comments sent will be treated as non-confidential and non-proprietary. By submitting any comments, observations and/or suggestions, the “User” grants Workingreat an international, royalty-free, non-exclusive, irrevocable, sub-licensable and perpetual license to use and publish such ideas for any purpose, without any compensation to you.
- Jurisdiction and Applicable Law
These Terms and Conditions of Service of Workingreat shall be governed in all points by the laws in force in the Republic of Mexico, in particular with respect to data messages, electronic contracting and electronic commerce shall be governed by the provisions of the federal legislation applicable to the case. Any controversy derived from the present Terms and Conditions of Service, its existence, validity, interpretation, scope or fulfillment, will be submitted to the applicable laws and to the competent Courts.
For the interpretation, compliance and execution of these Terms and Conditions of Service, between the Users and Workingreat, the parties expressly submit to the jurisdiction of the competent federal courts of the City of Hermosillo, Sonora, and consequently waive any other jurisdiction that may correspond to them due to their present or future domicile.
Prior to any controversy to be processed in the courts mentioned in the immediately preceding paragraph, the parties agree to submit to a mediation process before the Judicial Power of the State of Sonora, also in the city of Hermosillo, Sonora.
If your country of residence or place of establishment is outside of Mexico, these Terms shall be interpreted in accordance with the laws in force applicable to your country and the arbitration rules in force applicable to the case, provided that this clause shall not be construed so as to limit any right that Workingreat may have to request any competent court an order requiring the “User” to carry out or refrain from carrying out certain acts and provisional measures permitted by the laws that may be applicable to it. The arbitration decision rendered shall be final and binding on both parties.
In the case of controversy between Users, any controversy derived from the present Terms and Conditions of Service, between Users (Host, Guest and/or Provider), its existence, validity, interpretation, scope or fulfillment, will be submitted to the applicable laws and to the competent Courts of the place where the rented space is located, origin of the same one; resigning consequently to any jurisdiction that in reason of their present or future domicile could correspond to them. The parties agree, prior judicial proceeding, to submit to a mediation process before the Judicial Power or administrative authority, which corresponds to them due to the location of the rented space.
- Possible Modifications to the Terms and Conditions of Service
Except as may be supplemented by policies, guidelines, additional terms and conditions, or rules, these Terms and Conditions of Service constitute the entire Agreement between Workingreat and the “User” as to its substance, and supersede any and all agreements or understandings, oral or written, between Workingreat and the “User” regarding access to and operation of the Workingreat Service Platform.
These Terms and Conditions of Service do not grant and are not intended to grant any rights or remedies in favor of any person other than the parties.
No cooperative and/or partnership, employment or agency relationship exists between the “User” and Workingreat as a result of this Agreement or the “User’s” operation of the Workingreat Service Platform.
Except as expressly stated in these Terms and Conditions of Service, the exercise by either party of any of its remedies under these Terms and Conditions of Service shall be without prejudice to its other remedies under these Terms and Conditions of Service or otherwise provided by law.
In the event that a particular term expressed herein is invalid or unenforceable, the remainder of these Terms and Conditions of Service shall not be affected.
User” may not assign, transfer or delegate this Agreement or its rights and obligations hereunder without the prior written consent of Workingreat. Workingreat may assign, transfer or delegate this Agreement and any of its rights and obligations hereunder in its sole discretion upon 30 days’ notice to “User”. The “User’s” right to revoke this Agreement at any time shall not be affected.
I have read and agree to Workingreat’s Terms and Conditions of Service.